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(영문) 부산지방법원 2016.08.18 2016고단2533
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 22, 2016, the Defendant: (a) reported on May 22, 2016, that there was a person who f, who f, a police officer belonging to the Busan Police Station E District, f, went home to the restaurant customers in front of the D restaurant located in Busan District, Busan District; and (b) reported that F, a public official belonging to the police officer belonging to the Busan Police Station E District, who called out, went home to the restaurant.

The tobacco Republic of Korea ordered the 112 police officer's performance of duties in relation to the handling of the reporting duty of the said police officer, considering the police officer's restraint, and the police officer's control at one time.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Scope of Recommendation] Where the degree of violence, intimidation, and deceptive scheme is minor in the mitigated area (i.e., one month to eight months) (i., one month) (i.e., special mitigated person] [a] the decision of sentence] the State’s legitimate performance of official duties and to establish a sound social order, the defendant shows the attitude of obstructing the performance of official duties in order to protect the proper performance of official duties of the State, and to establish a sound social order at the latest, and the defendant shows the attitude of opposing his mistake; the degree of assault is not serious; the defendant’s age, sexual behavior, intelligence and environment; the defendant’s motive, means and consequence of the crime; and other various circumstances that form the conditions for sentencing as shown in the records, such as the circumstances after the crime.

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